Practice Relating to Rule 147. Reprisals against Protected Objects
Section B. Medical objects
France’s Disciplinary Regulations (1975), as amended, states: “By virtue of international conventions regularly ratified or approved: … it is prohibited [to soldiers in combat] … to take hostages, to engage in reprisals or collective punishments”.
France’s LOAC Manual (2001), in a chapter dealing with means and methods of warfare, states: “The law of armed conflict prohibits … the methods of warfare which consist in the recourse: … to reprisals against non-military objectives”.
The manual refers, inter alia
, to Article 46 of the 1949 Geneva Convention I, Article 47 of the 1949 Geneva Convention II and Article 20 of the 1977 Additional Protocol I and states: “Reprisals are prohibited against … the property particularly protected.”
At the CDDH, France made a proposal for a draft article on reprisals within the 1977 Additional Protocol I – which it later withdrew – which read, inter alia
, as follows: “3. … The measures may not involve any actions prohibited by the Geneva Conventions of 1949.”